The National Grid (Hinkley Point C Connection Project) Order 2016

PART 6 PROTECTION FOR THE PORT AUTHORITY

[F1 61E.]  The provisions of this Part have effect unless otherwise agreed in writing between the undertaker and the Port Authority.

Textual Amendments

F1 Sch. 15 para. 61E renumbered (21.7.2017) by The National Grid (Hinkley Point C Connection Project) (Correction) Order 2017 (S.I. 2017/786), art. 1, Sch.

Definitions

62.  In this Part—

“notice to mariners” includes any notice to mariners which may be issued by the Admiralty, Trinity House, Queen’s harbourmasters, government departments and harbour and pilotage authorities;

“navigational risk assessment” means any written assessment of any potential risk of any tidal works and includes the following information—

(a)

existing navigational features including extent of authorised channels, existing navigational structures and constraints;

(b)

tidal characteristics;

(c)

existing river uses;

(d)

general navigational arrangements;

(e)

existing site-specific issues;

(f)

existing navigational risks;

(g)

proposed navigational strategies;

(h)

delivery schedules; and

(i)

such other details as may be agreed between the undertaker and the Port Authority;

“plans and sections” includes sections, elevations, drawings, calculations, specifications, programmes, method statements, assessments of navigational risk relating to the construction, carrying out, maintenance and, where appropriate, removal of any tidal work;

“specified day” means, in relation to any tidal work, the later of—

(a)

the day on which the detailed method statement for that work is submitted to the Port Authority under paragraph 63(1); and

(b)

the day on which the undertaker provides all such particulars of the work as have been requested by the Port Authority under paragraph 63(1);

“temporary work” means any tidal work that is not required for the operation of the authorised development;

“tidal work” means so much of the authorised development (including any temporary closure to navigation of the relevant part of the river under article 39 (temporary closure of, and works in, the River Avon) that is on, in, under or over the relevant part of the river below the level of mean high water springs and includes any projection over the river (whether or not situated within the order limits) by booms, cranes and similar plant or machinery;

“vessel” means every description of vessel, however propelled or moved, and includes a non-displacement craft, a personal watercraft, a barge, a jack-up barrage, a seaplane or helicopter on the surface of the water, a hydrofoil vessel, a hovercraft or any other amphibious vehicle and any other thing constructed or adapted for movement through, in or over water and which is at the time in, on or over water.

Tidal works: approval of detailed design

63.—(1) Not less than 60 business days before commencing a tidal work, the undertaker must submit to the Port Authority plans and sections of the tidal work, a navigational risk assessment, proposals for any lighting and laying down of buoys to secure the navigational safety of the river in the vicinity of the proposed tidal works (including any area over which public rights of navigation are proposed to be suspended), a timetable of the proposed tidal works and any proposed temporary closures of the relevant part of the river and such further particulars as the Port Authority may reasonably require.

(2) A tidal work may not be commenced except in accordance with plans and sections approved in writing by the Port Authority under this paragraph or deemed to have been approved or determined under paragraph 69.

(3) Any approval of the Port Authority required under this paragraph must not be unreasonably withheld or delayed but may be given subject to such reasonable conditions as the Port Authority may impose for the protection of—

(a) traffic in, or the flow or regime of, the river;

(b) the use of its operational land or the river for the purposes of performing its functions; or

(c) the performance of any of its functions connected with environmental protection.

(4) Conditions imposed under sub-paragraph (3) may include conditions as to—

(a) the proposed location of any temporary work and its dimensions;

(b) the length of time that any temporary work may be kept in place;

(c) the removal of any temporary work and the undertaking by the undertaker of any related work or operation that the Port Authority considers to be necessary for the purpose of removing or preventing any obstruction to navigation;

(d) the relocation, provision and maintenance of works and moorings;

(e) apparatus and equipment necessitated by the tidal work; and

(f) the expiry of the approval if the undertaker does not commence construction or carrying out of the approved tidal work within a prescribed period.

(5) Subject to sub-paragraph (6), an application for approval under this paragraph is deemed to be given if it has been given or has not been refused within 25 business days of the specified day.

(6) In the event that the Port Authority requires further information pursuant to sub-paragraph (1), then the Port Authority must determine the submission submitted pursuant to that sub-paragraph as soon as reasonably practicable, but in any event no later than 45 business days from the specified day.

Tidal works and temporary closure of the river Avon: notification requirements

64.—(1) The undertaker must inform the Port Authority in writing of the intended start date and the likely duration of any tidal works at least 20 business days prior to the intended start date.

(2) The undertaker must inform the Port Authority in writing of all contractor and vessel details, including the name, type and IMO number of the vessel, the owner of the vessel or operating company and master’s name and contact details, at least 20 business days prior to commencement of any tidal work.

(3) The undertaker must inform the Port Authority in writing of the timetable of any tidal works at least 20 business days prior to its proposed commencement.

(4) The undertaker must serve notice on the Port Authority no later than 20 business days prior to the proposed commencement date of any temporary closure of the relevant part of the river under article 39.

(5) Any such notice must provide the details of the proposed temporary closure of the relevant part of the river including particulars of—

(a) commencement date;

(b) duration; and

(c) the affected area.

(6) Any temporary closure of the relevant part of the river must not take place except with the prior approval in writing of the Port Authority, such approval not to be unreasonably withheld or delayed, and in accordance with any reasonable conditions imposed by the Port Authority under this paragraph or determined under paragraph 69.

(7) The Port Authority may, in relation to any approval, impose reasonable conditions.

(8) Conditions imposed under sub-paragraph (7) may include conditions as to—

(a) the limits of any area subject to temporary closure of the relevant part of the river;

(b) the duration of any temporary closure;

(c) the means of marking or otherwise providing warning in the river of any area affected by a temporary closure; and

(d) the use by the undertaker of the area subject to any temporary closure so as not to interfere with any other part of the river or affect its use.

(9) For the purposes of this paragraph, the Port Authority must issue its notice to mariners within 10 business days of receipt of notice of the intended start date under sub-paragraph (1) or, if relevant, the date on which the Port Authority gives its approval under sub-paragraph (6) (whichever is the later).

(10) The undertaker must, as soon as reasonably practicable, notify the Port Authority of any changes to any of the details required to be provided under this paragraph, provided that any changes which affect, or may affect, navigation must be notified to the Port Authority immediately to enable it to issue an up-dated notice to mariners.

Communication plan

65.—(1) The undertaker and the Port Authority must agree in writing (such agreement not to be unreasonably withheld or delayed) a communication plan 20 business days prior to commencement of any tidal works.

(2) All vessels associated with any tidal works must report to Bristol VTS Centre (VHF Channel 12) advising of their activities and movements when undertaking tidal works (including temporary closure of the relevant part of the river) in accordance with the communication plan agreed with the Port Authority under sub-paragraph (1).

General provisions as to construction of works including inspection

66.—(1) A tidal work must, once commenced, be carried out by the undertaker with all reasonable dispatch and to the reasonable satisfaction of the Port Authority so that river traffic, the flow or regime of the river and the exercise of the Port Authority’s functions must not suffer more interference than is reasonably practicable.

(2) The Port Authority is entitled at all reasonable times, on giving such notice as may be reasonable in the circumstances, to inspect and survey such operations.

Navigational safety, lights, buoys, etc.

67.—(1) The undertaker must provide guard vessels to be positioned both upstream and downstream of the relevant part of the river during any tidal works and temporary closures of the river.

(2) The number and position of any such guard vessels must be agreed in advance in writing with the Port Authority, such agreement not to be unreasonably delayed or withheld.

(3) The undertaker must, at or near any tidal work, exhibit such lights, lay down such buoys and take such other steps for preventing danger to navigation as the Port Authority may from time to time reasonably require.

(4) All vessels must, at all relevant times, display lights, shapes and signals in accordance with all applicable law, regulation and international conventions.

(5) The Port Authority must give the undertaker not less than 20 business days’ written notice of a requirement under sub-paragraph (3) except in the case of increased risk or emergency when the Port Authority must give such notice as is reasonably practicable.

(6) The undertaker must comply with any directions of the Port Authority given from time to time with regard to the lighting of tidal works, or the screening of such lighting, so as to ensure that it is not a hazard to navigation on the river.

Obstruction in the river

68.—(1) If any pile, stump or other obstruction to navigation becomes exposed as a result of constructing any tidal work, or if any construction equipment or material is misplaced in or adjacent to the river and causes obstruction to navigation, the undertaker must, as soon as reasonably practicable after the receipt of notice in writing from the Port Authority requiring such action, remove it from the river or, in the case of any pile, stump or other obstruction to navigation, if it is not reasonably practicable to remove it—

(a) cut the obstruction off at such level below the bed of the river as the Port Authority may reasonably direct; or

(b) take such other steps to make the obstruction safe as the Port Authority may reasonably require.

(2) If, after such reasonable period as may be specified in a notice under this paragraph, the undertaker has failed to begin taking steps to comply with the requirements of the notice, or after beginning has failed to make reasonably expeditious progress towards their implementation, the Port Authority may carry out the works specified in the notice and any expenditure reasonably incurred by it in so doing is recoverable from the undertaker.

Disputes

69.  Any dispute arising between the undertaker and the Port Authority under this Part must be determined by arbitration in accordance with article 49 (arbitration) unless otherwise agreed in writing by the undertaker and the Port Authority.